africanlegalstudies.blog – Cutting edge analysis on key issues in African politics, law and development

Energy Justice: Time for an Afrocentric Perspective
Who makes major decisions about energy? And for whom is energy produced? Who makes major decisions about natural resources? And for whom are they extracted? These questions are pretty relevant in the context of new tensions on the African continent. Especially considering recent development in Western Africa, where the ECOWAS Alliance faces a big crisis…
Transitional justice impulses for institutional reinvention in light of massive and systematic human rights violations
Introduction The institutions of the African human rights system (AHRS) are confronted with massive and systematic human rights violations all over the continent. These include, but are not limited to, the rights of lesbian, gay, bisexual, trans, intersex and queer (LGBTIQ+) persons.[1] The set-up and current realisation of the institutional framework of the AHRS, especially…
Vanishing Youth: The Surge of Gen Z Abductions in Kenya
Introduction In recent years, Kenya has witnessed a worrying rise in abduction cases, from kidnappings for ransom to enforced disappearances tied to counterterrorism. The alarming trend has raised concerns about individual safety and prompted calls for stronger legal mechanisms and more robust law enforcement. Notably, Generation Z, comprising young individuals between 18 and 26, is increasingly…

Branching Scenario Tool
Environmental Law and Climate Justice: Case Study on the East African Crude Oil Pipeline Introduction Welcome to the Branching Scenarios Tool “Environmental Law and Climate Justice: Case Study on the East African Crude Oil Pipeline”! This digital tool was developed as part of a seminar held by the Chair of African Legal Studies at the…
Environmental Impact Assessment in Rwanda: Legal Framework and Challenges
Introduction Environmental impact assessments are essential processes used to evaluate the potential effects of a proposed project on the environment before implementation. In Africa, their integration into national legislation varies significantly, but most countries recognize their importance for sustainable development. Rwanda’s environmental law, Article 6, states that “The principle of information dissemination and incentives for…
International law instruments for greenhouse gas mitigation and sustainable development in Nigeria
Introduction Climate change in Nigeria could, for example, be attributed to the production of fossil fuels in which greenhouse gases (GHGs) are emitted. [1] A decrease in the production of fossil fuels is likely to affect the development of Nigeria. Hence, as a member of the Organisation of Petroleum Exporting Countries (OPEC), Nigeria will have…

Investment and Investor Protection in Somalia
Introduction With Somalia’s accession to the East African Community (EAC), the internal market of this community is also becoming increasingly attractive for foreign investments. A common market with over 300 million populations is developing, and there is not only a common internal market. It also has an excellent strategic location from the Indian Ocean to…
The East African Community: Past Experiences and Lessons for the Future
Introduction The East Africa Community (EAC) is one of the oldest regional economic blocs in the world.[1] Uganda, Kenya, and Tanzania, as members of EAC, had a customs union as early as 1927.[2] While this regional bloc collapsed in 1977, it was re-established in 2000 and grew from three to eight countries, including Uganda, Kenya,…
The Legal Analysis of Community Rights in Environment Decision-Making in the Federal Republic of Somalia
Introduction People often feel hopeless and powerless to protect the environment, themselves, their families and their individual rights. However, through the creative use of the law, a number of notable successes for the environment and people have been recorded in many countries.[1] Environmental decision-making in Somalia stands at the intersection of legal, social, and environmental considerations, with…

A Court Left Behind: How Parallel DRMs are Undermining Regional Integration in the EAC
The EACJ in the Shadows of Integration The process of regional integration presents a range of challenges and contentious issues. Those include, matters related to elimination of customs duties and Non-tariff barriers (NTBs), tariffs and other Charges Having Equivalent Effects (CHEEs), Quantitative restrictions or measures having an equivalent effect to quantitative restrictions (MEQRs), among others.…
The Success Stories of ECOWAS Citizenship: A Lesson for SADC to Learn
Introduction The Economic Community of West African States (ECOWAS) has greatly advanced the integration of the member states’ citizens compared to the Southern African Development Community (SADC). This is because of the success of the ECOWAS in creating and operationalizing ECOWAS citizenship. The ECOWAS citizenship tends to differentiate ECOWAS from other Regional Economic Communities (RECs)…
What is Missing in the SADC Region with the Absence of the Human Rights Mandate in the SADC Tribunal?
Introduction The Southern African Development Cooperation (SADC) Tribunal is established under Article 9 of the Consolidated Text of the Treaty of the SADC (SADC Treaty). The Tribunal was launched in 2005 with powers and a mandate to interpret the SADC Treaty and Member States’ laws. The Tribunal enjoyed a human rights mandate by handling cases…